Terms and Conditions

INTRODUCTION

Scope of Agreement

This User Terms & Conditions Agreement (the “Agreement”) is entered into as of the date of Account Registration (the “Effective Date”), by and between the Individual or Organization (“Accountholder”), and The Consultants Consortium, Inc. (dba TCC Software Solutions), the owner of the DevelopU Platform and an Indiana corporation with offices at 1022 E 52nd St.  Indianapolis, IN 46205. The Accountholder and TCC may be referred individually as a “Party” or collectively as the “Parties.”

Before getting started as an Accountholder, please review each of the DevelopU User Terms and Conditions defined in the next sections.  

Registering for an Account on the DevelopU Platform acknowledges and accepts the Terms & Conditions set forth in this Agreement. By agreeing to these terms, you are also agreeing to the DevelopU Privacy Policy. If you do not agree to these Terms & Conditions and/or the Privacy Policy, please deactivate your DevelopU Account.

You further acknowledge that TCC can change the DevelopU User Terms and Conditions and/or the DevelopU Privacy Policy at any time and without advance notice. Your ongoing use of DevelopU indicates that you accept any changes in the future and acknowledge your obligations to ensure compliance with such changes.

TCC is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control.

Definition of Terminology

GENERAL/MISCELLANEOUS

  •  “Platform” – refers to the holistic DevelopU solution-set inclusive of all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent to the combination of both the Application and the Services offered.
  • “Application” - means the applicable portion of the Website that is available only to a registered Accountholder.
  • “Services” - means the value extended to Users through use of the Platform (inclusive of the Public Website and Application), along with the Platform contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement of any documentation pertaining to the foregoing).

ACCOUNT CREATION & MANAGEMENT

  • “Account” – refers to the entity with which DevelopU services are provided. Accounts may be comprised of multiple Users, though must have a minimum of one (1) Administrator User at all times.
  • “Account Registration” – refers to the process by which a new Account is created.
  • “Account Deactivation” – refers to the process by which a previously created (registered) account is terminated.
  • “Accountholder” –refers broadly to both individual Users associated with an Account as well as any organization (company) with which an Account has been associated.
  • “User” – refers to each individual with which all Terms and Conditions herein are presumed to apply. All Users are Accountholders. 
  • ”User Type” – refers to a User’s security role in an Account context. User Types are currently confined to Administrators and Non-Administrators. In some cases, Users may be assigned to a specific Team in cases where the Account Administrator has specified organizing rules applicable to the Account.
  • “Account Administrator” - refers to the master User for an Account, whether an individual or organizational Accountholder.
  • “Teams” – refers to organizational sub-units comprised of Users in a specific Account context.
  • “Team Members” – refers to User affiliation with a specific Team in an Account context.

PAYMENTS

  •  “Chargeback” means a Transaction that is disputed at your request or your card issuer’s request and includes retrieval requests for additional information on a Transaction.
  • “Financial Services Provider” means a person that is engaged in the business of providing a financial service and includes financial institutions.
  • “HubSpot Payments Account” means your HubSpot Payments account which was set up via HubSpot Payments in order to Subscribe to DevelopU.
  • “Payment Network(s)” means a card network, clearinghouse, or other payment system through which payment transactions process, clear, or settle. Examples of Payment Networks include Visa Europe Ltd., Visa U.S.A., Inc., Visa Canada Inc. and Visa International (collectively, “Visa”), MasterCard International Incorporated (“MasterCard”), American Express, and the ACH transaction clearinghouses, such as the National Automated Clearing House Association.
  • “Payment Network Rules” means the written rules, regulations, releases, interpretations, and other requirements (whether contractual or otherwise) imposed or adopted, and as amended from time to time, by the relevant Payment Network.
  • “Payment Processor” has the meaning given in the “Payments Terms and Conditions” section below.
  • “Transaction” refers to credit, debit, ACH, and other types of payments with respect to sales of DevelopU subscription access initiated by customers via the HubSpot Payments platform. “Transactions” also include transactions to facilitate a reversal or Chargeback of a Transaction.

GENERAL/MISCELLANEOUS TERMS & CONDITIONS

Dispute Resolution

These terms shall be governed in all respects by the laws of the State of Indiana, and any disputes arising hereunder shall be submitted to state and federal courts in Indianapolis, Indiana and you agree to and consent to the exclusive jurisdiction of such courts. The prevailing party in any suit or action hereunder shall be entitled to recover from the losing party all costs incurred by it in enforcing the performance of, or protecting its rights under, any part of this Agreement, including reasonable costs of investigation and reasonable attorneys’ fees. 

Legal correspondence must be sent via email, as required. If you are not a resident of the United States of America, then you agree to follow all applicable laws and local rules regarding the transmission of data from the United States and the country in which you live.

This agreement, including supplemental terms agreed upon apart from this agreement, represent the complete, entire, and exclusive understanding and agreement between you and DevelopU. The terms of this agreement supersede all prior, written or oral, understandings or agreements. If any specific terms of this agreement are deemed to be invalid, then the remaining terms shall still be enforced.

Intellectual Property Protection

DevelopU respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please flag the course on the relevant course page and select “copyright violation.”

The “DevelopU” name and mark are the intellectual property of TCC, and may not be copied, reproduced, broadcasted or otherwise shared without the express written consent of TCC.

ACCOUNT MANAGEMENT TERMS & CONDITIONS

Accountholder Warranties

You warrant and represent to DevelopU that you are: 1. Not a minor and you have the legal right and ability to agree to and abide by these terms, or; 2. If you are between the ages of 13 and 17 that you have parental consent and agreement to use the DevelopU Platform; 3. You hold and will continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under these terms.

Accountholder Misconduct

All DevelopU Accountholders must behave in ways that promote a positive online experience for all other Accounts and Users accessing the DevelopU Platform. Behavior detrimental to the proper function and operational integrity of the DevelopU Platform is grounds for immediate removal of Accountholder status for Users found to have violated any of the following expectations: 

  1. You agree not to copy, record, edit or alter or otherwise interfere with DevelopU and all associated content and services.
  2. You agree not to use the DevelopU Training and/or Application for any purpose other than for the purpose for which it has been provided and you agree not to use the Application for illegal or inappropriate purposes.
  3. You agree not to use the Application features/functionality to do any of the following:
    1. convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
    2. carry out any commercial business, send any unsolicited commercial emails, advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters;
    3. falsify the origin or source of any content or other material available through the DevelopU Application.
  4. You agree that you and/or your organization’s access and use of the DevelopU Application may not be assigned, transferred or sublicensed by you to other individuals or organizations.

Publicity

You agree, if requested, to supply your logo for inclusion on the DevelopU website and printed marketing materials; to provide a customer testimonial for use on the DevelopU website and printed marketing materials; and to provide such other marketing measures as separately agreed between the parties in writing.

Reporting Unethical and/or Unlawful Behavior

If you believe you have witnessed an employee or representative of DevelopU engaging in unethical or illegal conduct, please notify our legal team via email.

Registering an Account

You understand and agree to the following when registering for an Account:

  • You must use a valid e-mail address and create a username during the registration process.
  • You are responsible for all uses of your account. You must keep your password confidential. We may refuse, at our sole discretion, to allow you to register a username that is trademarked, inappropriate, or impersonates another individual.
  • You agree to let DevelopU support team know immediately in the event of unauthorized access to your account.
  • If you are between 13 and 17 years old, then you must have parental consent or authorization by an educational institution. By registering for DevelopU, you are indicating that you have the capacity to understand these Terms of Service. TCC will not be held liable for any loss or damage for non-compliance stemming from unauthorized purchases by minors.
  • When registering with DevelopU, you must provide, and maintain, accurate, current, and complete information about yourself and other Users associated with your account.
  • TCC reserves the right to refuse the service to any user at any time.
  • You may only use the DevelopU website for the limited purposes for which it was designed. You may not use the DevelopU website for any other purpose without express written permission from TCC. Under no circumstances, may you use automated methods to crawl, scrape, or otherwise collect data from the DevelopU website.

Deactivating an Account

If you are an accountholder purchasing access to consume Services directly through the DevelopU website, you can deactivate, or terminate, your online user account at any time and for any reason. TCC can also deactivate, or terminate, your online user account at any time and for any reason. We also reserve the right to use any means (legal, operational, or technological) available to enforce these terms. Once deactivation occurs, your rights to access the DevelopU online platform will cease.

PAYMENTS TERMS & CONDITIONS

HubSpot’s Role in the Payments Process

HubSpot Payments is a service we provide which allows for payment onboarding and payment underwriting, and allows you to receive card and ACH payments (and certain other types of electronic payments that we might make available from time to time), each a “Payment Method,” from TCC customers in exchange for subscription access to DevelopU which includes a designated HubSpot Payments Account. HubSpot provides the technology and user portal for HubSpot Payments, but payments are processed by the Payment Processor. Similar to TCC, HubSpot is not a bank, payment institution, money service business, or payment processor, but rather a technology company supplying TCC with a payment platform.  

In the event that a payment is suspended, reversed, charged back (via a Chargeback), or canceled (either by us or by another party, such as a card issuer), we reserve the right to offset those amount(s) by (a) withholding proceeds received from your Transactions, or (b) directly debiting the bank account associated with your HubSpot Payments Account. We also reserve the right to withhold or collect any fees owed to us by either withholding proceeds received from your Transactions or directly debiting the bank account associated with your HubSpot Payments Account, and you authorize us, in our sole discretion, to withhold and/or collect from any such account(s) any fees or other amounts owed to TCC for services delivered.

TCC’s Role in the Payments Process

We will use commercially reasonable efforts to provide you with support to help resolve issues relating to HubSpot Payments. You may contact support via the DevelopU. The Payment Processor has the sole and exclusive responsibility for the processing of Transactions (as described below), including the settlement of funds; however we will provide reasonable assistance in liaising between you and the Payment Processor. TCC is solely and exclusively responsible for delivering the DevelopU products and services and for providing support to customers for all issues related to those products and services, including, but not limited to, issues arising from the processing of Transactions through HubSpot Payments.

The Payment Processor’s Role in the Payments Process

 The Payment Processor’s role is to enable TCC to i) accept payments by, among other things, facilitating the clearing and settlement of Transactions, and ii) process payments through the HubSpot Payment Method.

The Payment Processor for the DevelopU solution is currently Stripe, Inc. a separate entity not affiliated with TCC or HubSpot, which provides the technical services and processing of payments for HubSpot Payments. By using DevelopU and HubSpot Payments to process and settle Transactions, you are agreeing to the Stripe Connected Account Agreement, including the United States Stripe Services Agreement and the applicable Financial Services Terms, and to the extent you use a Payment Method that is subject to additional terms, the Payment Terms (collectively, the “Processor Terms”). By accepting this Agreement and creating a DevelopU account, you are agreeing to be bound by the Processor Terms, which is a legal agreement between you and the Payment Processor.  The Payment Processor’s obligations to you are governed by the Processor Terms, not by this Agreement. We are not a party to the Processor Terms and have no obligations to you under them. Neither HubSpot nor TCC are responsible for ensuring that funds for Transactions are transmitted to you in accordance with the Processor Terms. Neither TCC nor HubSpot receive funds in connection with the settlement of Transactions and is not liable to you for settlements. We reserve the right to change the Payment Processor, or add additional Payment Processors at any time, with or without prior notice to you.

Your Role in the Payments Process

You assume all responsibility for your and your authorized agents’ and employees' use of HubSpot Payments including any additional responsibilities as described in the Processor Terms. You are solely responsible for verifying the identity of those accessing your DevelopU account and for determining eligibility of employees employees to pay for DevelopU subscription access via HubSpot Payments. TCC nor Hubspot guarantees or assumes any liability for Transactions authorized and completed that may later be reversed or charged back (as described below). You are solely responsible for all reversed or charged back Transactions regardless of the reason for, or timing of the reversal or Chargeback. The Payment Processor may add or remove one or more types of Payment Networks or Payment Methods, at our or the Payment Processor’s sole discretion, at any time, without prior notice to you.